#THE ANTI-HIJACKING ACT, 2016 
__________ 

##ARRANGEMENT OF SECTIONS 
___________ 

###SECTIONS 

###CHAPTER I 

###PRELIMINARY 

1. Short title, extent, application and commencement. 
2. Definitions. 

###CHAPTER II 

###HIJACKING AND CONNECTED OFFENCES 

3. Hijacking. 
4. Punishment for hijacking. 
5. Punishment for acts of violence connected with hijacking. 
6. Conferment of powers of investigations, etc. 
7. Jurisdiction. 
8. Designated Court. 
9. Offences triable by Designated Court. 

###CHAPTER III 

###MISCELLANEOUS 

10. Application of Code to proceedings before Designated Court. 
11. Provisions as to extradition. 
12. Provision as to bail. 
13. Contracting parties to Convention. 
14. Power to treat certain aircraft to be registered in Convention countries. 
15. Previous sanction necessary for prosecution. 
16. Presumption as to offences under sections 3 and 5. 
17. Protection of action taken in good faith. 
18. Powers of investigating officers to seize or attach property. 
19. Confiscation and forfeiture of property. 
20. General power to make rules. 
21. Repeal and savings. 
 
 
 
#THE ANTI-HIJACKING ACT, 2016 

##ACT NO. 30 OF 2016 

[13th May, 2016.] 

An Act to give effect to the Convention for the Suppression of Unlawful Seizure of Aircraft 
and for matters connected therewith. 

WHEREAS a Convention for the Suppression of Unlawful Seizure of Aircraft was signed at The 
Hague on the 16th day of December, 1970; 

AND WHEREAS India acceded to the said Convention and enacted the Anti-Hijacking Act, 1982 (65 
of 1982) to give effect to the provisions of the Convention; 

AND WHEREAS India has signed the Protocol Supplementary to the Convention at Beijing on the 
10th day of September, 2010 which deals with unlawful acts against Civil Aviation by new types of 
threats which require comprehensive amendments to the said Act; 

AND WHEREAS it is considered expedient that the unlawful acts of seizure or exercise of control of 
aircraft which jeopardize safety of persons and property is a matter of great concern to be addressed 
effectively by making suitable provisions for giving effect to the Convention and the Protocol and for 
matters connected therewith. 

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:–– 

###CHAPTER I 

###PRELIMINARY 

1. **Short title, extent, application and commencement.**––(1) This Act may be called the Anti-
Hijacking Act, 2016. 

(2) It extends to the whole of India and, save as otherwise provided in this Act, it applies also to 
any offence thereunder committed outside India by any person. 

(3) It shall come into force on such date as the Central Government may, by notification in the 
Official Gazette, appoint. 

2. **Definitions.–– In this Act, unless the context otherwise requires,**–– 

(a) “Agency”  means  the  National  Investigation  Agency  constituted  under section3 of  the 
National Investigation Agency Act, 2008 (34 of 2008); 

(b) “aircraft”  means  any  aircraft,  whether  or  not  registered  in  India,  other  than  a  military 
aircraft or an aircraft used in customs or police service; 

(c) “aircraft  registered  in  India”  means  an  aircraft  which  is  for  the  time  being  registered  in 
India; 

(d) “Convention  country”  means  a  country  in  which  the  Hague  Convention  is  for  the  time 
being in force; 

(e) “Hague  Convention”  means the  Convention for the  Suppression  of  Unlawful  Seizure of 
Aircraft  signed  at  The  Hague  on  the  16th  day  of  December,  1970  and  includes  the  Protocol 
Supplementary to the Convention signed at Beijing on the 10th day of September, 2010; 

(f) “hostage” means a passenger or a crew member of an aircraft or any security personnel on 
board  the  aircraft  or  a  ground  support  staff  involved  in  the  maintenance  of  the  aircraft,  who  is 
unlawfully seized or detained without his consent, or with his consent obtained by fraud or duress, 
by an individual or by a group of persons, during the transit of an aircraft or when it is stationed at 
an airport, with an intention to secure any demand or fulfilment of any condition made by such 
individual or such group of persons; 

(g) “military  aircraft”  means  an  aircraft  of  the  naval,  military,  air  force  or  any  other  armed 
forces of any country and includes every aircraft commanded for the time being by a person in 
any such force detailed for the purpose; 

(h) “notification” means a notification published in the Official Gazette; 

(i) “security  personnel”  means  security  personnel  deployed  by  the  Central  Government  or 
appointed  by  any  agency  authorised  by  that  Government  to  ensure  security  of  civil  aviation 
against acts of unlawful interference. 

*Explanation.*––for the  purposes  of this  clause  “acts  of  unlawful  interference”  means  acts  or 
attempted acts to jeopardize the safety of civil aviation and air transport, including–– 

(i) unlawful seizure of aircraft in flight; 

(ii) unlawful seizure of aircraft on the ground; 

(iii) hostage-taking on board aircraft or on aerodromes; 

(iv) forcible intrusion on board aircraft, at an aerodrome or on the premises on an aeronautical 
facility; 

(v) introduction  on  board  an  aircraft  or  at  an  aerodrome,  of  a  weapon,  explosive  or  other 
hazardous device, article or substances intended for criminal purposes; 

(vi) communication of false information with a view to jeopardize the safety of an aircraft in 
flight  or  on  the  ground,  of  passengers,  crew,  ground  personnel  or  the  general  public,  at  an 
aerodrome or on the premises of a civil aviation facility. 

###CHAPTER II 

###HIJACKING AND CONNECTED OFFENCES 

3. **Hijacking.**––(1) Whoever unlawfully and intentionally seizes or exercises control of an aircraft 
in service by force or threat thereof, or by coercion, or by any other form of intimidation, or by any 
technological means, commits the offence of hijacking. 

(2) A person shall also be deemed to have committed the offence of hijacking specified in sub-
section (1), if, such person–– 

  (a) makes a threat to commit such offence or unlawfully and intentionally causes any person 
to receive such threat under circumstances which indicate that the threat is credible; or 

  (b) attempts to commit or abets the commission of such offence; or 

  (c) organises or directs others to commit such offence or the offence specified in clause (a) or 
clause (b) above; 

  (d) participates  as  an  accomplice  in  such  offence  or  the  offence  specified  in  clause  (a)  or 
clause (b) above; 

  (e) unlawfully and intentionally assists another person to evade investigation, prosecution or 
punishment, knowing that such person has committed any such offence or the offence specified in 
clause (a) or clause (b) or clause (c) or clause (d) above, or that such person is wanted for criminal 
prosecution by law enforcement authorities for such an offence or has been sentenced for such an 
offence. 

(3) A person also commits the offence of hijacking, when committed intentionally, whether or not 
any  of  the  offences  specified  in  sub-section  (1)  or  in  clause  (a)  of  sub-section  (2)  is  actually 
committed or attempted, either or both of the following:–– 

  (a) agreeing with one or more other persons to commit an offence specified in sub-section (1) 
or  in  clause  (a)  of  sub-section  (2),  involving  an  act  undertaken  by  one  of  the  participants  in 
furtherance of the agreement; or 

  (b) contributing in any manner to the commission of an offence specified in sub-section (1) or 
in  clause  (a)  of sub-section  (2)  by  a  group  of persons  acting  with a  common  purpose  and  such 
contribution shall either–– 

      (i) be  made  with  the  aim  of  furthering  the  general  criminal  activity  or  purpose  of  the 
group, where such activity or purpose involves the commission of such an offence; or 

      (ii) be made in the knowledge of the intention of the group to commit such offence. 

(4) For  the  purposes  of  this  Act,  an  aircraft  shall  be  considered  to  be  “in  service”  from  the 
beginning of the pre-flight preparation of the aircraft by ground personnel or by the crew for a specific 
flight until twenty-four hours after any landing and in the case of a forced landing, the flight shall be 
deemed to continue until the competent authorities take over the responsibility for the aircraft and for 
persons and property on board. 

4. **Punishment for hijacking.**––Whoever commits the offence of hijacking shall be punished–– 

  (a) with death where such offence results in the death of a hostage or of a security personnel 
or of any person not involved in the offence, as a direct consequence of the office of hijacking; or 

  (b) with  imprisonment  for  life  which  shall  mean  imprisonment  for  the  remainder  of  that 
person's natural life and with fine, and the movable and immovable property of such person shall 
also be liable to be confiscated. 

5. **Punishment for acts of violence connected with hijacking.**––Whoever,  being  a  person 
committing the offence of hijacking of an aircraft, commits, in connection with such offence, any act 
of violence against any passenger or member of the crew of such aircraft, shall be punished with the 
same  punishment  with  which  he  would  have  been  punishable  under  any  law  for  the  time  being  in 
force in India if such act had been committed in India. 

6. **Conferment of powers of investigations, etc.**––(1) For the purposes of this Act, the Central 
Government may, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 
1974), by notification, confer on any officer of the Central Government or any officer of the Agency, 
powers of arrest, investigation and prosecution exercisable by a police officer under the said Code. 

(2) All officers of police and all officers of Government are hereby required and empowered to 
assist  the  officer  of  the  Central  Government  referred  to  in  sub-section  (1)  in  the  execution  of  the 
provisions of this Act. 

7. **Jurisdiction.**––(1) Subject to the provisions of sub-section (2), where an offence under section 3 
or section 5 is committed outside India, the person committing such offence may be dealt with in 
respect thereof as if such offence had been committed at any place within India at which he may be 
found. 

(2) No Court shall take cognizance of an offence punishable under section 3 or section 5 which is 
committed outside India unless,–– 

  (a) such offence is committed within the territory of India; 

  (b) such offence is committed against or on board an aircraft registered in India; 

  (c) such  offence  is  committed  on  board  and  the  aircraft  in  which  the  offence  is  committed 
lands in India with the alleged offender still on board; 

  (d) such  offence  is  committed  against  or  on  board  an  aircraft  which  is  for  the  time  being 
leased without crew to a lessee who has his principal place of business or where he has no such 
place of business, his permanent residence is in India; 

  (e) such offence is committed by or against a citizen of India; 

  (f) such offence is committed by a stateless person whose habitual residence is in the territory 
of India; 

  (g) such  offence  is  committed  by  the  alleged  offender  who  is  present  in  India  but  not 
extradited under section 11. 

8. **Designated Court.**––(1) For the purpose of providing for speedy trial, the State Government 
shall, with the concurrence of the Chief Justice of the High Court, by notification, specify a Court of 
Sessions to be a Designated Court for such area or areas as may be specified in the notification. 

(2) Notwithstanding the provisions of sub-section (1), the Special Court Constituted undersection 
11 or,  as  the  case  may  be,  under section 22 of the National Investigation Agency Act, 2008 (34 of 
2008) shall be the Designated Court for the purposes of this Act in case where the power of arrest, 
investigation and prosecution is exercised by the Agency under sub-section (1) of section 6. 

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a 
Designated Court shall, as far as practicable, hold the trial on a day-to-day basis. 

9. **Offences triable by Designated Court.**––(1) Notwithstanding anything contained in the Code 
of Criminal Procedure, 1973 (2 of 1974),–– 

  (a) all offences under this Act shall be triable by the Designated Court referred to in section 8.

  (b) where a person who is accused or suspected of the commission of an offence under this 
Act is forwarded to the Magistrate under sub-section (2) or sub-section (2A) of section 167 of the 
Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise detention of such 
person in such custody, as he thinks fit, for a period not exceeding thirty days in the whole, where 
such Magistrate is a Judicial Magistrate, and seven days in the whole, where such Magistrate is an 
Executive Magistrate: 

Provided  that  the  Magistrate  may,  if  he  considers  that  the  detention  of  such  person  is  not 
required,–– 

      (i) when such person is forwarded to him as aforesaid; or 

      (ii) upon or at any time before the expiry of the period of detention authorised by him, he 
shall order such person to be forwarded to the Designated Court having jurisdiction; 

  (c) the Designated Court may exercise, in relation to the person forwarded to it under clause (b), 
the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of 
the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who 
has been forwarded to him under that section; 

  (d)  the  Designated  Court  may,  upon  perusal  of  the  report  filled  by  the  Agency  or  a  complaint 
made  by  an  officer  of  the  Central  Government,  or  the  State  Government,  as  the  case  may  be, 
authorised in this behalf, take cognizance of the offence without the accused being committed to it for 
trial. 

(2) When trying an offence under this Act, a Designated Court may also try an offence other than 
an offence under this Act, which the accused may, under the Code of Criminal Procedure, 1973 (2 of 
1974), be charged at the same trial. 

###CHAPTER III 

###MISCELLANEOUS 

10. **Application of Code to proceedings before Designated Court.**––Save  as  otherwise 
provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply 
to  the  proceedings  before  a  Designated  Court  and  the  person  conducting  a  prosecution  before  a 
Designated Court shall be deemed to be a Public Prosecutor. 

11. **Provisions as to extradition.**––(1)  The  offences  under  section  3  and  section  5  shall  be 
deemed to have been included as extraditable offences and provided for in all the extradition treaties 
made by India with Convention countries and which extend to, and are binding on, India on the date 
of commencement of this Act. 

(2) For the purposes of the application of the Extradition Act, 1962 (34 of 1962) to offences under 
this  Act,  any  aircraft  registered  in  a  Convention  country  shall,  at  any  time  while  that  aircraft  is  in 
service, be deemed to be within the jurisdiction of that country, whether or not it is for the time being 
also within the jurisdiction of any other country. 

(3) None of the offences mentioned in section 3 shall be regarded, for the purposes of extradition 
or mutual legal assistance, as a political offence or as an offence connected with a political offence or 
as an offence inspired by political motives and a request for extradition or for mutual legal assistance 
based on such an offence shall not be refused on the sole ground that it concerns a political offence or 
an offence connected with a political offence or an offence inspired by political motives. 

12. **Provision as to bail.**––(1) Notwithstanding anything contained in the Code of Criminal 
Procedure, 1973 (2 of 1974), no person accused of an offence punishable under this Act shall, if in 
custody, be released on bail or on his own bond, unless,–– 

  (a) the  Public  Prosecutor  has  been  given  an  opportunity  to  oppose  the  application  for  such 
release; and 

  (b) where  Public  Prosecutor  opposes  the  application,  the  Designated  Court  is  satisfied  that 
there are reasonable grounds for believing that he is not guilty of such offence and that he is not 
likely to commit any offence while on bail. 

(2) The  limitations  on  granting  of  bail  as  specified  in  sub-section  (1)  are  in  addition  to  the 
limitation  under  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  or  any  other  law  for  the  time 
being in force, on granting bail. 

(3) Nothing  contained  in  this  section  shall  be  deemed  to  affect  the  special  powers  of  the  High 
Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974). 

13. **Contracting parties to Convention.**––The Central Government may, by notification, certify 
as to who are the contracting parties to the Hague Convention and to what extent they have availed 
themselves of the provisions of the Convention,  and  any  such  notification  shall  be  conclusive 
evidence of the matters certified therein. 

14. **Power to treat certain aircraft to be registered in Convention countries.**––(1)  If  the 
Central Government is satisfied that the requirements of sub-section (2) have been satisfied in relation 
to any aircraft, it may, by notification, direct that such aircraft shall, for the purposes of this Act, be 
treated as registered in such Convention country as may be specified in the notification. 

(2) Where  the  Convention  countries  establish  joint  air  transport  operating  organisations  or 
international  operating  agencies,  which  operate  aircraft  which  are  subject  to  joint  or  international 
registration, shall, by appropriate means, designate for each aircraft, the country among them which 
shall exercise the jurisdiction and have the attributes of the country of registry for the purposes of the 
Convention and shall give notice thereof to the Secretary General of the International Civil Aviation 
Organisation who shall communicate the notice to all Convention countries. 

15. **Previous sanction necessary for prosecution.**––No prosecution for an offence under this Act 
shall be instituted except with the previous sanction of the Central Government. 

16. **Presumption as to offences under sections 3 and 5.**––In a prosecution for an offence under 
section 3 or section 5, if it is proved that–– 

  (a) the arms, ammunitions or explosives were recovered from the possession of the accused 
and there is reason to believe that such arms, ammunitions or explosives of similar nature were 
used in the commission of such offence; or 

  (b) there is evidence of use of force, threat of force or any other form of intimidation caused 
to  the  crew  or  passengers  in  connection  with  the  commission  of  such  offence,  the  Designated 
Court shall presume, unless the contrary is proved, that the accused has committed such offence. 

17. **Protection of action taken in good faith.**––(1) No suit, prosecution or other legal proceeding 
shall lie against any person for anything which is in good faith done or intended to be done in 
pursuance of the provisions of this Act. 

(2) No  suit  or  other  legal  proceeding  shall  lie  against  the  Central  Government  for  any  damage 
caused  or  likely  to  be  caused  for  anything  which  is  in  good  faith  done  or  intended  to  be  done  in 
pursuance of the provisions of this Act. 

18. **Powers of investigating officers to seize or attach property.**––(1)  Where  any  officer, 
referred to in section 6, while conducting an inquiry or investigation has a reason to believe that any 
property, movable or immovable, or both, is relatable to the commission of the offence in relation to 
which such inquiry or investigation is being conducted, is likely to be concealed, transferred or dealt 
with in any manner which will result in disposal of such property, he may make an order for seizing 
such  property  and  where  it  is  not  practicable  to  seize  such  property,  he  may  make  an  order  of 
attachment directing that such property shall not be transferred or otherwise dealt with, except with 
the prior permission of the officer making such order, and a copy of such order shall be served on the 
person concerned. 

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed 
by an order of the Designated Court, within a period of forty-eight hours of its being made. 

(3) The Designated Court may either confirm or revoke the order of seizure or attachment referred 
to in sub-section (2). 

(4) Notwithstanding the confirmation of the order by the Designated Court under sub-section (3), 
any  person  aggrieved  by  the  order  of  attachment  made  under  sub-section  (1),  may  make  an 
application to the Designated Court for revocation of said order within a period of thirty days from the 
date of confirmation of the order under sub-section (3). 

19. **Confiscation and forfeiture of property.**––Where  any  order  is  made  by  the  Designated 
Court  under  section  4  for  confiscation  of  movable  or  immovable  property  or  both,  of  the  accused, 
then, such property shall stand forfeited to the Government free from all encumbrances: 

Provided that the Designated Court may, during the period of such trial, order that all or any of 
the properties, movable or immovable, or both, belonging to the accused be attached, and in case such 
trial ends in conviction, then, the property so attached shall stand forfeited to Government free from 
all encumbrances. 

20. **General power to make rules.**––(1) The Central Government may, by notification, make 
rules for carrying out the provisions of this Act. 

(2) Every rule made under this Act by the Central Government shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days 
which  may  be  comprised  in  one  session  or  in  two  or  more  successive  sessions,  and  if,  before  the 
expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the rule or both Houses agree that the rule should not be 
made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case 
may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without  prejudice  to  the 
validity of anything previously done under that rule. 

21. **Repeal and savings.**––(1) The Anti-Hijacking Act, 1982 (65 of 1982) is hereby repealed. 

(2) The repeal of the said Act shall not affect–– 

  (a) the previous operation of, or anything duly done or suffered under, or any action taken or 
purported to have been done or taken including any notification, order or notice made or issued, 
or  any  appointment,  confirmation  or  declaration  made  or  any  authorisation  granted  or  any 
document or instrument executed or any direction given, under the Act so repealed, shall, in so far 
as  it  is  not  inconsistent  with  the  provisions  of  this  Act,  be  deemed  to  have  been  done  or  taken 
under the corresponding provisions of this Act; or 

  (b) any right, privilege or obligation or liability acquired, accrued or incurred under the said 
Act; or 

  (c) any  penalty,  forfeiture  or  punishment  incurred  in  respect  of  any  offence  under  the  said 
Act; or 

  (d) any  investigation,  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 
obligation, liability, penalty, forfeiture or punishment as aforesaid, 

and, any such investigation, legal proceeding or remedy may be instituted, continued or enforced and 
any such penalty, forfeiture or punishment may be imposed as if the said Act had not been repealed.